Nondomiciled commercial drivers would need proof of lawful status or face penalties and impoundment

A person with a nondomiciled commercial driver license could not drive a commercial vehicle in Arizona without evidence of lawful immigration status or lawful presence. This applies to drivers of commercial motor vehicles who hold a nondomiciled commercial driver license. Proof is evidence under federal rules (49 CFR part 383) or the documents listed in state law section 41-1080. An officer may ask the driver for the proof. If the driver cannot show it, the officer or agency must impose a civil penalty, issue a citation, and report the violation to the state that issued the license and the federal motor carrier safety agency.

Officers may place a driver who cannot show proof out of service, and the motor carrier would then have 24 hours to send a qualified replacement driver or remove the vehicle. This applies to drivers who cannot show proof, the motor carrier in control of the vehicle, and the vehicle's owner and lien holders. If the vehicle is not removed within 24 hours, police may impound it for up to 30 days and must notify the owner and lien holders within 24 hours by phone or email. If they cannot be reached, notice goes by certified mail within 72 hours. The motor carrier or lessee alone pays for impound, towing, storage, cargo handling, and notice costs. The 24-hour clock starts when the motor carrier is notified that the driver was put out of service.

Police could not impound cargo owned by someone else and would have to try to reach the cargo owner and release the cargo. This applies to cargo on a vehicle whose driver was placed out of service. The agency must notify the cargo owner within four hours of the stop, or by certified mail within 48 hours if the owner cannot be reached. Release cannot depend on paying costs. The owner must show proof of ownership and identity, and retrieval is free to the owner. For perishable, medical, emergency, or critical infrastructure cargo, the owner may pick it up at any hour or name another carrier to do so. Notice is due within four hours after the stop begins.

A leasing company could get a leased vehicle released by showing title and the lease, and a motor carrier could defend against impoundment by showing it checked the driver's license. This applies to leased commercial vehicles and to motor carriers facing impoundment. The lessee or motor carrier is solely responsible for impound, towing, and storage charges, and the impound facility may collect them through normal collection. The defense applies if the carrier verified the license in the federal commercial driver's license system and it was not suspended, revoked, or disqualified at that time. The section does not widen who can get a nondomiciled license.